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Section 10: Prohibition of import of certain drugs or cosmetics

The Drugs and Cosmetics Act, 1940Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 26 of 1940

From such date as may be fixed by the Central Government by notification in the Official Gazette in this behalf, no person shall import –

(a) any drug or cosmetic which is not of standard quality;

(b) any misbranded drug or misbranded or spurious cosmetics;

(bb) any adulterated or spurious drug;

(c) any drug or cosmetic for the import of which a licence is prescribed, otherwise than under, and in accordance with, such licence;

(d) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof the true formula or list of active ingredients contained in it together with the quantities thereof;

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(e) any drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed;

(ee) any cosmetic containing any ingredient, which may render it unsafe or harmful or use under the directions indicated or recommended;

(f) any drug or cosmetic the import of which is prohibited by rule made under this Chapter:

Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use:

Provided further that the Central Government may, after consultation with the Board by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality.

10-A. Power of Central Government to prohibit import of drugs and cosmetics in public interest. – Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then, that Government may, by notification in the Official Gazette, prohibit the import of such drug or cosmetic.

Where this provision sits

ActThe Drugs and Cosmetics Act, 1940
Section10
Marginal noteProhibition of import of certain drugs or cosmetics
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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